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AN BILLE UM CHOSAINT MHITHREACHAIS(COMHALTA DE THITHE AN OIREACHTAIS), 2013

MATERNITY PROTECTION (MEMBERS OF THE HOUSES

OF THE OIREACHTAS) BILL 2013

Mar a tionscnaodh

As initiated

ARRANGEMENT OF SECTIONS

Section1. Interpretation.

2. Ministerial orders.3. Maternity leave.

4. Maternity leave procedures.

5. Additional maternity leave.

6. Postponement of maternity leave.

7. Payment and expenses of Oireachtas member on maternityleave.

8. Short title and commencement.

[No. 26 of 2013]

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AN BILLE UM CHOSAINT MHITHREACHAIS(COMHALTA DE THITHE AN OIREACHTAIS), 2013

MATERNITY PROTECTION (MEMBERS OF THE HOUSES

OF THE OIREACHTAS) BILL 2013

BILL5entitled

AN ACT TO PROVIDE MATERNITY LEAVE FOR FEMALEMEMBERS OF THE HOUSES OF THE OIREACHTASAND TO PROVIDE FOR RELATED MATTERS.

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:10

1.In this Act

maternity leave has the meaning assigned to it by section 3;

additional maternity leave has the meaning assigned to it bysection 5.

Member of the Houses of the Oireachtas means any female15person

(a) elected to and currently a member of Dil ireann, andshall include the Cathaoirleach of Dil ireann, or

(b) elected or appointed to and currently a member ofSeanad ireann.20

2.(1) The Minister may make orders in respect of the provisionsof this Act.

(2) Any power under this Act to make an order includes thepower to amend or revoke an order made in the exercise of thatpower.25

(3) Where an order is proposed to be made under this Act, a draftof the order shall be laid before both Houses of the Oireachtas, andthe order shall not be made until the resolution approving the drafthas been passed by each such House.

(4) Every regulation made under this Act shall be laid before each30House of the Oireachtas as soon as practicable after it is made and,if a resolution annulling the regulation is passed by either such Housewithin the next 21 days on which the House has sat after the regu-lation is laid before it, the regulation shall be annulled accordingly,

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Interpretation.

Ministerial orders.

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Maternity leave.

Maternity leaveprocedures.

Additionalmaternity leave.

but without prejudice to the validity of anything previously doneunder the regulation.

3.(1) A pregnant member of the Houses of the Oireachtas shallbe entitled to leave, to be known and referred to in this Act asmaternity leave, from the House of the Oireachtas of which she is 5a member for a period of not less than

(a) 18 consecutive weeks, or

(b) 18 weeks part of which is postponed in accordance withsection 6,

as may be appropriate. 10

(2) The Minister may by order, made with the consent of theMinister for Social Protection and the Minister for Public Expendi-ture and Reform, amend subsection (1) so as to extend the periodmentioned in that subsection.

4.(1) Entitlement to the minimum period of maternity leave 15shall be subject to a pregnant member of the Houses of the

Oireachtas

(a) having, as soon as reasonably practicable but not later than4 weeks before the commencement of maternity leave,notified in writing the Cathaoirleach of whichever House 20of the Oireachtas of which she is a member of her inten-tion to take maternity leave, and

(b) having, at the time of the notification, given to theCathaoirleach of the House of the Oireachtas of whichshe is a member a medical or other appropriate certificate 25confirming the pregnancy and specifying the expecteddate upon which the maternity leave is due to commence.

(2) A notification under this section may be revoked by a furthernotification in writing by the Member of the Oireachtas concernedto the Cathaoirleach of the House of the Oireachtas of which she is 30a member.

(3) Any period of time when the Houses of the Oireachtas arenot sitting due to vacation shall be assessed in calculating the mini-mum period of maternity leave.

5.(1) A member of the Houses of the Oireachtas who has taken 35maternity leave shall, if she so wishes, be entitled in accordance withthis section to further leave, to be known and referred to in this Act

as additional maternity leave, for a maximum period of

(a) 8 consecutive weeks commencing immediately after theend of her maternity leave, or 40

(b) 8 weeks, all or part of which is postponed in accordancewith section 6,

as may be appropriate.

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(2) The Minister may by order, made with the consent of theMinister for Social Protection and the Minister for Public Expendi-ture and Reform, amend subsection (1) so as to extend the periodmentioned in that subsection.

6.A member of the Houses of the Oireachtas who is on5maternity leave or is entitled to, or is on, additional maternity leave,may, if the child in connection with whose birth she is on, or isentitled to, that leave is hospitalised, request in writing the Cathaoir-leach of the House of the Oireachtas of which she is a member topostpone10

(a) part of the maternity leave,

(b) part of the maternity leave and the additional maternityleave, or

(c) the additional maternity leave or part of it,

as may be appropriate, in accordance with this section, and the15Cathaoirleach of the House of the Oireachtas of which she is amember shall answer that request within 14 days of receiving therequest, provided any medical documentation he or she seeks is pro-vided by the requesting member.

7.A member of the Oireachtas who is on maternity leave or20additional maternity leave shall be entitled to continue to receive fullpay as a member of the Oireachtas, although no expenses claims inrespect of her work as a member of the Oireachtas shall be paidunless lawfully accrued during her maternity leave or additionalmaternity leave.25

8.(1) This Act may be cited as the Maternity Protection(Members of the Houses of the Oireachtas) Act 2013.

(2) This Act shall come into operation on such day as may befixed by order by the Minister for Justice, Equality and Defence.

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Postponement ofmaternity leave.

Payment andexpenses ofOireachtas memberon maternity leave.

Short title andcommencement.